Case law

Rewis v. United States

369 F.2d 595 · Court of Appeals for the Fifth Circuit · Dec 5, 1966

Shepherd answered and said, "I qualify the answer, yes, by just one question, and that is, one supposition. … It seems clear that without these qualifying assumptions in the Government's hypothetical case, Dr.

Pierce v. Hobart Corporations

70 F.3d 1269 · Court of Appeals for the Fifth Circuit · Nov 1, 1995

Emphasizing the contract's use of the verb "provide", Northbrook contends that "the 'Cafeteria' is clearly set out as a service which Martin Marietta was not expected to perform and did not contract to perform but rather … Martin Marietta need demonstrate no more to qualify as the statutory employer of Joann Pierce. AFFIRMED. 8

A. D. Rowell v. United States

223 F.2d 863 · Court of Appeals for the Fifth Circuit · Jun 21, 1955

And since the ministerial exemption is a matter of legislative grace, the selective service registrant bears the burden of clearly establishing a right to the exemption.” … Since such date he has been recognized by this Society as qualified to represent it in such capacity.

Cheshire v. CIR

Court of Appeals for the Fifth Circuit · Mar 26, 2002

In fact, only the money placed in a qualified account was properly excludable from the Cheshires’ taxable income. … The Tax Court’s determination that Appellant is not entitled to innocent spouse relief under § 6015(c) is not clearly erroneous. VII.

Maxmed Healthcare, Inc. v. Thomas Price

860 F.3d 335 · Court of Appeals for the Fifth Circuit · Jun 22, 2017

A Qualified Independent Contractor, another private contractor, conducts the “independent” reconsideration. Id. § 405.968. … “[A] motion to alter or amend the judgment under Rule 59(e) ‘must clearly establish either a manifest error of law or fact or must present newly discovered evidence’ and ‘cannot be used to raise arguments which could, and

Shearn Moody, Jr. v. United States

783 F.2d 1244 · Court of Appeals for the Fifth Circuit · Mar 3, 1986

Moody Bankers, an unincorporated business worth less than $5,000,000, 28 U.S.C. § 2412 (d)(2)(B)(ii), and that the district court’s determination to the contrary is clearly erroneous. … Should the court find that Moody qualifies for attorneys’ fees under the EAJA, as amended, then entry of an appropriate award of those fees will also be in order.

United States v. Brugman

364 F.3d 613 · Court of Appeals for the Fifth Circuit · Mar 26, 2004

“It is clearly established law in this circuit that in order to state a claim for excessive force in violation of the Constitution, a plaintiff must allege (1) an injury, which (2) resulted directly and only from the … use of force that was clearly excessive to the need; and the excessiveness of which was (3) objectively unreasonable.”

Ingraffia v. NME Hospitals, Inc.

943 F.2d 561 · Court of Appeals for the Fifth Circuit · Oct 4, 1991

Ingraffia to establish and supervise its radiology department. Ingraffia was an experienced physician board-certified in radiology and nuclear medicine. … "The court recognized immunity from a tortious interference suit if the officer acted within his corporate authority and under the reasonable belief that his actions were in the corporation’s best interest.”

Troy Clark v. Rick Thaler, Director

673 F.3d 410 · Court of Appeals for the Fifth Circuit · Mar 5, 2012

Because the state court did not unreasonably apply clearly established federal law on the record before it, we affirm. … Taylor, 529 U.S. 362, 391 (2000) (“It is past question that the rule set forth in Strickland qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.’”). 25

United States v. Douglas Earl Fossler

597 F.2d 478 · Court of Appeals for the Fifth Circuit · Jun 20, 1979

The evidence presented at trial established that the homemade bomb was designed as a weapon with no legitimate lawful purpose. … Bailey, 480 F.2d 518 (1973), the Fifth Circuit, en banc, approved the Allen charge within the limitations established by previous decisions.

Lynn Parham, Lynn Parham v. Carrier Corporation

9 F.3d 383 · Court of Appeals for the Fifth Circuit · Dec 7, 1993

to Return to Work Finally, Parham claims to have established that he could have returned to work at Carri *389 er. … A court would clearly have to interpret the 1989 CBA to determine whether its leave of absence provisions were intended to apply retroactively.

Hull v. Burr

153 F. 945 · Court of Appeals for the Fifth Circuit · Apr 2, 1907

“e,” then, clearly, suits under that subdivision could have been brought by the trustee in a court of bankruptcy without the consent of the defendant. … The section vests courts of bankruptcy with the jurisdiction described in its 19 subdivisions “within their respective territorial limits as now established, or as may hereafter be changed.”

Cobb v. Central States, Southwest & Southeast Areas Pension Fund

461 F.3d 632 · Court of Appeals for the Fifth Circuit · Aug 22, 2006

Bruch, 489 lar plaintiff falls within one of the three enu- U.S. 101, 117-18 (1989), which held that “to merated classes of litigants (participants, bene- establish that he or she ‘may become eligible’ … While this Plan option provides the of the three classes of plaintiffs with standing, greatest amount of monthly income, the and we have refused to read the “designation” Plan states clearly

United States v. Wells

262 F.3d 455 · Court of Appeals for the Fifth Circuit · Aug 20, 2001

We determined that such evidence was clearly inadmissible and constituted reversible error. … Clearly, this is sufficient evidence to support Loletta’s convictions–-but that is not the question.

Burlington Northern & Santa Fe Railway Co. v. Poole Chemical Co.

419 F.3d 355 · Court of Appeals for the Fifth Circuit · Jul 28, 2005

Likes, 962 S.W.2d 489, 502 (Tex. 1997). 11 Likes, 962 S.W.2d at 502 (discussing a new immunity provision of the Texas Tort Claims Act that prevented the plaintiff from recovering from a municipal defendant even … ——Austin 1999, pet. denied) (deciding that 11 months is a reasonable amount of time to file a request for a refund where a new law established a statute of limitations); but see Alvarado v.

United States v. Tompkins

130 F.3d 117 · Court of Appeals for the Fifth Circuit · Dec 1, 1997

The Keohane court held that, for purposes of federal habeas corpus proceedings, the issue whether a suspect is “in custody,” and therefore entitled to Miranda warnings, is a mixed question of law and fact qualifying for independent … White,23 in which we held that the district court’s voluntariness finding was not clearly erroneous when the investigating agent, in requesting the defendant’s consent to search, explained that he could not automatically

Internal Revenue Ser v. Luongo

Court of Appeals for the Fifth Circuit · Aug 9, 2001

Under the circumstances presented here, the bankruptcy court’s decision not to abstain was clearly proper. 13  II. … Ed. 2d 718 (1999) (statutes abrogating sovereign immunity are to be strictly construed).

Raul C. Montalvo v. Tower Life Building and Tower Life Insurance Company

426 F.2d 1135 · Court of Appeals for the Fifth Circuit · May 15, 1970

The plaintiffs, by producing the original *1149 document, established clearly that their intent in signing their names had been to evidence their consent to becoming parties plaintiff to an action under the Fair Labor Standards … A trial court has firsthand knowledge of the proceedings before it and is thus clearly qualified to “place a value on [the attorney’s] services without opinion evidence of an expert witness on the subject.”

United States Ex Rel. King v. University of Texas Health Science Center-Houston

544 F. App'x 490 · Court of Appeals for the Fifth Circuit · Nov 4, 2013

particular statutory cause of action to be asserted against States, the question whether the statute itself permits the cause of action it creates to be asserted against States (which it can do only by clearly … The state constitution provides for the establishment of the University of Texas System. Tex. Const. art.

Lakeland Lounge of Jackson, Inc. v. City of Jackson, Mississippi

973 F.2d 1255 · Court of Appeals for the Fifth Circuit · Nov 4, 1992

This finding is manifestly not clearly erroneous. Although the court makes one reference to macroeconomics, which was discussed in the vacated portion of Woodall v. … Also, no adult entertainment establishment could be located within 250 feet of any other such use.